Client receives £8000 compensation due to their property being affected by EXTENSIVE black mould.
Angelus Law have been successful in concluding a claim for housing disrepair under s11 of the Landlord and Tenant Act 1985 and s9a and 10 of the Landlord and Tenant Act 1985 as amended by the Homes (Fitness for Human Habitation) Act 2018.
Our client’s property was affected by extensive black mould as a result of missing/slipped roof tiles, poorly fitted cavity wall insulation, insufficient loft insulation, defective pointing to the brickwork externally and also defective windows throughout the property. Our client’s home was also affected by water ingress from the defective roof as well as a leak from the bathroom on the first floor.
After reporting the issues to his landlord for almost 10 years and repeatedly being ignored the situation was worsening. In each room in the property was affected by black mould. Our client grew increasingly concerned that he would have to remain living in this home in the mentioned circumstances. He then became extremely worried about the potential impact on his health and the health of his children. With no meaningful action being taken by his landlord, our client instructed us to act on his behalf with the hopes of finally fixing the problems in his home.
Following our instruction, we obtained a Part 35 report from a RICS qualified expert who reported fully on the issues present in our clients home. Furthermore, recommendations on how to remedy those issues were included. The RICS expert determined that the mould was sufficient to be considered a Category 2 Hazard under the Housing Health and Safety Rating System. Meaning that the Defendant was in breach of their repairing obligations under s11 of the Landlord and Tenant Act 1985. The cost of the repairs amounted to just over £4100.00 along with a recommendation for additional investigations into the cavity wall insulation.
Following disclosure of our client’s surveyors report the Defendant made an initial offer of £1150.00. Not content with that proposal Angelus Law entered into extensive settlement negotiations and were successful in recovering £8000.00 in compensation along with an agreement for all of the works to be completed.